1st Credit and Halifax BoS.

[Mihail]

Hello Caggers

I have recently had some correspondence with 1st Credit

over an old debt defaulted during a cancer illness (now cured and debt disputed)

which I believed to be statute barred.

 

Two questions I have for you.

 

From the first 1st Credit email:

 

"I have read the contents of your attached letter and can advise that our records show the account

was opened in July 2000 and that payments were received from the 7th July 2005 to the 10th August 2007.

 

The payment of £1.00 received on the 25th July 2008 will be reversed

as it represents an administration fee for a copy of the agreement.

 

Please find attached statement of account.

 

I therefore do not consider the account to be statute barred and look forward to hearing from you with your comments."

 

Question 1:

 

Is the debt statute barred?

 

From the second 1st Credit email:

"Further to the above and your e-mail of the 12th June 2013,

as the Deed of Assignment between the Halifax Bank of Scotland and ourselves is a confidential document

we are not obliged to provide you with a copy.

 

A Notice of Assignment as required by Section 136 of the Law of Property Act 1925

was posted to you on the November 2004 (copy attached).

Connaught Collections is a trading style of 1st Credit Ltd and therefore no ‘Agreement of Assignment’ is required.

 

With regards to your previous request in accordance with section 78 (1) of the Consumer Credit Act 1974 ,

 

we have reverted to the original creditor for further copies of the original agreement

and terms and conditions and the terms and conditions at the time of default.

 

In the meantime the matter has been placed on hold.

 

Please find below statement of account in accordance with section 78(1) of the Consumer Credit Act 1974:

 

(a) the state of the account….current outstanding balance of £xxxx.

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor.... £xxxx.

© the amounts and due dates of any payments which, if the debtor does not draw further on the account,

will later become payable under the agreement by the debtor to the creditor….£xxxx.

 

I note my colleague, Ms Rochester issued our final response on the June 2013 to your complaint that the account was statute barred. For ease of reference, please find attached copy letter."

 

Question 2 Are they right in saying the Deed of Assignment is confidential and therefore cannot be disclosed to me?

 

Sorry this is so long but I am seeking clarification from Caggers about their (1st Credit/Connaught's) correspondence

Thanks in advance

[dx100uk]

they are correct on both counts sadly.

 

await the cca don't forget they have 12+2 WORKING days.

 

dx

[citizenB]

Can you confirm their statement of payment dates is accurate ?